600 SOUTH ORCHARD, SUITE A*BOISE, IDAHO 83705*(208)334-3860


June 24, 1997

Matthew J. McKeown, Deputy Attorney General
Intergovernmental and Fiscal Law Division
P.O. Box 83720
Boise, Idaho 93720-0010

Dear Mr. McKeown:

Thank you for forwarding the request from Arthur Schwartz, National society of Professional Engineers General Counsel. Mr. Schwartz submitted to you a number of documents relating to a situation in Idaho Falls, Idaho and that city’s engineering department. He stated that "NSPE requests that the Idaho Attorney General immediately investigate these activities and take appropriate action to enforce the provisions of the Idaho engineering licensure laws." You forwarded them to us with the statement "Since Idaho Code 54-1203 gives the Board primary authority to administer the provisions of title 54, chapter 12, Idaho Code, I am forwarding the material submitted by NSPE for further consideration by the Board.

Our Board and staff were made aware of the situation in Idaho Falls as early as May 10, 1996. On that date Ed Turner, P.E., P.L.S. advised David L. Curtis, P.E., our Executive Secretary, that he had been asked to place his professional engineer seal, signature and date on plans for which he did not believe he had been in responsible charge, as required by Idaho Code. Mr. Curtis wrote to Mr. Turner on May 21, 1996 (copy attached) and advised him of statutory requirements as well as information from a previous issue of the Board’s NEWS BULLETIN which related to a similar incident. In a letter dated June 28, 1996, I wrote to the City of Idaho Falls Director of Public Works and expressed, on behalf of the Board, our concern that "professional engineers be in responsible charge of engineering projects." In that same letter we stated "We recognize that an administrator does not have to be an engineer to supervise as engineer. . ." A copy of that letter was included among those provided to you by Mr. Schwartz.

For the Board,



DeWitt T. Neill, P.E.
Board Chairman